Correction of mobile phone model designation in criminal confiscation order under § 74 StGB

The Federal Court of Justice’s 6th Criminal Senate rejected the defendant’s appeal as unfounded, thereby affirming the lower court’s conviction and the corresponding costs and procedural fees imposed on the defendant and the joint plaintiffs; however, the court explicitly corrected the record by clarifying that the mobile phone ordered for confiscation was a Samsung Galaxy S5 Mini, not a Samsung Galaxy S21 as erroneously labeled in the judgment. The dispute arose from a criminal proceeding wherein the defendant challenged the appellate judgment, which included an order to confiscate two mobile phones used during the commission of the offense under § 74 Abs. 1 StGB. The decisive legal basis for the correction was the requirement to ensure the material accuracy of the confiscation order under German criminal law, specifically § 74 Abs. 1 StGB, which governs the seizure of instrumentalities used to commit a crime.